MORGANTOWN – Another lawsuit has been filed blaming West Virginia University for damages caused by a February 2020 rockslide involving a school-owned transport system.
Maceon Wheeler filed his lawsuit February 24 in Monongalia Circuit Court against the WVU Board of Governors. Wheeler is a student at WVU and currently resides in Morgantown.
According to his complaint, Wheeler says he was riding a WVU Personal Rapid Transit vehicle on February 10, 2020, when boulders and other debris broke loose from WVU property adjacent to the PRT track, rolled down a steep grade and violently crashed into the vehicle he was riding in. He says he was tossed inside the PRT vehicle as glass rained down onto his face, arms and hips.
“Defendant knew that the WVU property was in a dangerous condition inasmuch as rock falls, boulder falls and other debris commonly occurred from the WVU property hillside onto the below area,” the complaint states. “Despite its knowledge of the propensity for large rocks/boulders to fall from the WVU property, the WVUBOG failed to take adequate and appropriate action to inspect, maintain, service and otherwise remedy the danger condition of the WVU property, putting the community at significant risk of serious injury.”
Wheeler says the negligence of the Board of Governors is responsible for his injuries, which included numerous bone fractures including in his spine, physical pain and suffering, mental anguish and suffering, permanent physical impairment, lost wages and benefits, lost future earning capacity and benefits, loss of capacity to enjoy life, past and future medical expenses, annoyance and inconvenience.
He seeks compensatory damages, pre- and post-judgment interest and other relief.
Another WVU student and a Morgantown resident filed related lawsuits last year against the Board of Governors. Both of those cases still are pending. WVU filed answers to both of the earlier lawsuits seeking to have the cases dismissed.
Wheeler is being represented by Dan Snuffer of Preston & Salango in Charleston.
Monongalia Circuit Court case number 20-C-245 (Cramer) and 20-C-246 (Bolin)